DeSantis-appointed judge signals Florida congressional card is unconstitutional to reduce black representation

Judge J. Layne Smith, appointed by DeSantis in the 2nd District Court of Florida, said during the hearing that he intended to issue a restraining order that would prevent the card from taking effect. Smith said the card violates the state’s constitution “because it reduces the ability of African Americans to elect a representative of their choice.”

The order can come as early as Thursday. An appeal by the state is expected.

The Republican-controlled Florida legislature pushed the new state congressional boundaries through a controversial special session in April. The approved map proposed by DeSantis controversially eliminates two counties represented by black Democrats, and will give Republicans an advantage in as many as 20 of the 28 counties.

DeSantis claims that Florida’s 5th Congressional District, currently represented by Democrat Al Lawson, is unconstitutional because it stretches 150 miles to connect from Tallahassee to Jacksonville.

But Smith said during the hearing that the area has historical roots in black communities on the Florida-Georgia border, once inhabited. He added that his hands were tied by a precedent set by the state’s Supreme Court, which has defined the region’s borders over years of litigation, and the state constitution, which says a redistribution plan cannot reduce the ability of minority residents. “To elect representatives of their choice”.

Earlier this year, Florida lawmakers approved a different map and backup in case the court found the former unconstitutional. However, DeSantis vetoed it in March and later summoned lawmakers to a special session to approve Congress’ new borders. The card, which was approved and signed into law, was drawn by the DeSantis office.

Smith suggested that the cards that DeSantis vetoed could serve as a basis for cards used in the 2022 election.

DeSantis appointed Smith to the district court in 2020. Smith previously served as a district judge appointed in 2015 by the then governor. Rick Scott, who, like DeSantis, is a Republican.

This title and story have been updated.